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Torts • Defamation
TORT#092
Legal Definition
If the plaintiff is a private person, and the defendant's statement is one of public concern, then the defendant must have been at least negligent in making their statement. If malice is found, damages are presumed and punitive damages may be sought; otherwise, only actual injury damages are recoverable.
Plain English Explanation
If there is no reason to categorize a person as a public official or public figure, then they must be treated as a private person. When the plaintiff is a private person, they need only show that the defendant was negligent in making their false statement. It is a much easier burden to prove compared to malice, which requires the plaintiff to prove that the defendant made the false statement while knowing it was false, or by actively avoiding learning the truth.
However, if the plaintiff can prove that the defendant acted with malice, then they don't have to prove they were damages and can seek additional damages to punish the defendant for being such a jerk.
However, if the plaintiff can prove that the defendant acted with malice, then they don't have to prove they were damages and can seek additional damages to punish the defendant for being such a jerk.
Related Concepts
In assessing a defamation claim, what is actual malice?
In assessing a defamation claim, what must a plaintiff prove when a statement is a matter of public concern?
In assessing a defamation claim, what must a plaintiff prove when the issue is a matter of private concern?
In assessing a defamation claim, what must a plaintiff prove when they are a public official or figure?
What is defamation?
What is libel?
What is libel per quod?
What is slander?
What is slander per se?
What may be used as defenses to a defamation claim?
When is absolute privilege a defense to defamation?
When is consent a defense to defamation?
When is qualified privilege a defense to defamation?
When is truth a defense to defamation?
